HARISH KUMAR & ORS Vs. STATE & ANR

JUDGEMENT

(1.) Exemption allowed, subject to just exceptions. Crl.M.C. No. 2377/2020 The petitioners vide the present petition seek the quashing of the FIR No.821/14, Police Station Aman Vihar registered under Sections 498A/406/34 of the Indian Penal Code, 1860 submitting to the effect that a settlement has since been arrived at between the parties and thus all claims of the respondent No.2 stand settled and that no useful purpose would be served by the continuation of the proceedings qua the FIR in question.

(2.) The respondent No.2 has been identified by the learned counsel for the respondent No.2 whose vakalatnama is on the record. The respondent in reply to a specific Court query in her deposition on oath has affirmed the factum of settlement between her and the petitioners and states that pursuant to the settlement arrived at between her and the petitioner No.1 vide a Mediation Settlement dated 11.1.2019 arrived at the Delhi Mediation Centre, Rohini Courts, she has since received the total settled sum of Rs.1,20,000/-from the petitioners and that there are now no claims of hers left against the petitioners. She has further stated that there is no child born of the wedlock between her and the petitioner No.1 and that the marriage between the petitioner No.1 and herself has also since been dissolved vide a decree of divorce through mutual consent under Section 13 B (2) of the Hindu Marriage Act, 1955 vide decree dated 13.2.2020 in HMA 2788/19 of the Court of the Principal Judge Family Court, North- West, Rohini Delhi. She further states that she has made her statement voluntarily of her own accord without any duress, pressure or coercion from any quarter and that she has studied till standard XII and understands the implications of making a statement and she does a work of stitching.

(3.) On behalf of the State, there is no opposition to the prayer made by the petitioners seeking the quashing of the FIR in question in view of the deposition of the respondent No.2 in as much as the FIR has apparently emanated due to a matrimonial discord which has since been resolved by the dissolution of the marriage between the petitioner no.1 and the respondent no.2 vide a decree of divorce through mutual consent under Section 13 B (2) of the Hindu Marriage Act, 1955 vide decree dated 13.2.2020 in HMA 2788/2019 of the Court of the Principal Judge Family Courts, Rohini Courts and the factum that all claims of respondent No.2 against the petitioners stand settled and as there appears no reason to disbelieve the statement made by the respondent No.2 that she has arrived at a settlement with the petitioners voluntarily of her own accord without any duress, pressure or coercion from any quarter, it is considered appropriate to put a quietus to the litigation between the parties and for the maintenance of peace and harmony between them in view of the observations in the verdict of the Hon'ble Supreme Court in Gian Singh vs. State of Punjab and Another, (2012) 10 SCC 303, to the effect : -